Site Conditions of Use
Welcome to MAKEMISTAKES.CLUB a subsidiary owned by PLAYMAGINE, LLC. To use the services offered at MAKEMISTAKES.CLUB or by any of its affiliates, you must agree to the following conditions. If you visit or shop at MAKEMISTAKES.CLUB, you accept these conditions. Please read them carefully. In addition, when you use any current or future MAKEMISTAKES.CLUB service or visit or purchase from any business affiliated with MAKEMISTAKES.CLUB, whether or not included in the MAKEMISTAKES.CLUB Web Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
2. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit MAKEMISTAKES.CLUB or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A. Copyright Protection. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MAKEMISTAKES.CLUB or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MAKEMISTAKES.CLUB and protected by U.S. and international copyright laws. All software used on this site is the property of MAKEMISTAKES.CLUB or its software suppliers and protected by United States and international copyright laws.
A. Protected Marks. MAKEMISTAKES.CLUB, PLAYMAGINE, LLC. and other marks indicated on our site are registered trademarks of PLAYMAGINE, LLC. or its subsidiaries, in the United States and other countries.
B. Protected Graphics. All MAKEMISTAKES.CLUB graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PLAYMAGINE, LLC, or its subsidiaries. MAKEMISTAKES.CLUB and PLAYMAGINE, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not MAKEMISTAKES.CLUB, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MAKEMISTAKES.CLUB and PLAYMAGINE, LLC. All other trademarks not owned by PLAYMAGINE, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MAKEMISTAKES.CLUB, PLAYMAGINE, LLC, or its subsidiaries.
A. General. One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: U.S. Patent Nos. [Insert any applicable Patents in
this space] and all corresponding foreign counterparts.
6. LICENSE AND SITE ACCESS
A. General. MAKEMISTAKES.CLUB grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MAKEMISTAKES.CLUB.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MAKEMISTAKES.CLUB.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MAKEMISTAKES.CLUB and our affiliates without express written consent.
E. "Metatags." You may not use any metatags or any other "hidden text" utilizing MAKEMISTAKES.CLUB’s name or trademarks without the express written consent of MAKEMISTAKES.CLUB. Any unauthorized use terminates the permission or license granted by MAKEMISTAKES.CLUB.
F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyper-link to the home page of MAKEMISTAKES.CLUB as long as the link does not portray MAKEMISTAKES.CLUB, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MAKEMISTAKES.CLUB logo or other proprietary graphic or trademark as part of the link without express written permission.
7. YOUR ACCOUNT
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content. Visitors to MAKEMISTAKES.CLUB may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
B. False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MAKEMISTAKES.CLUB reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
C. Rights Granted. If you do post content or submit material, and unless we indicate otherwise, you grant MAKEMISTAKES.CLUB and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MAKEMISTAKES.CLUB and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
D. Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PLAYMAGINE, LLC, MAKEMISTAKES.CLUB or its affiliates for all claims resulting from content you supply. MAKEMISTAKES.CLUB has the right but not the obligation to monitor and edit or remove any activity or content. PLAYMAGINE, LLC and MAKEMISTAKES.CLUB takes no responsibility and assumes no liability for any content posted by you or any third party.
9. COPYRIGHT COMPLAINTS
A. General. MAKEMISTAKES.CLUB and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the site for instructions on how to make a claim of Copyright Infringement.
10. RISK OF LOSS & LIABILITY
A. General. All items purchased from MAKEMISTAKES.CLUB are made pursuant to this shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to
the end carrier. Additionally, if PLAYMAGINE, LLC or any of its affiliates provide you with a free gift you agree to adhere to this agreement and to release PLAYMAGINE, LLC and its officers, employees, and affiliates from any liability resulting from any product defects or negligence.
11. PRODUCT DESCRIPTIONS
A. General. MAKEMISTAKES.CLUB and its affiliates attempt to be as accurate as possible. However, MAKEMISTAKES.CLUB makes no warranties that the product descriptions and any other content of this site are accurate, complete, reliable, current, or error free. If a product offered by MAKEMISTAKES.CLUB itself is not as described, your sole remedy is to return it in unused condition.
12. OTHER BUSINESSES
A. General. Parties other than PLAYMAGINE, LLC, MAKEMISTAKES.CLUB and its subsidiaries operate stores, provide services, or sell product lines on this site.
B. Examples. For example, third party education experts, child behavioral specialists, child comedy entertainers, and child psychology experts offer their services as professional input regarding the development of MAKEMISTAKES.CLUB products and services. In addition, we may provide advertisements and links to the sites of affiliated companies and certain other businesses.
C. No Warranties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web Sites. MAKEMISTAKES.CLUB does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MAKEMISTAKES.CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAKEMISTAKES.CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAKEMISTAKES.CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKEMISTAKES.CLUB DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAKEMISTAKES.CLUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAKEMISTAKES.CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
14. APPLICABLE LAW
A. Governing Law. By visiting MAKEMISTAKES.CLUB you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MAKEMISTAKES.CLUB or its affiliates.
A. Arbitration and Venue. Any dispute relating in any way to your visit to MAKEMISTAKES.CLUB or to products you purchase through MAKEMISTAKES.CLUB shall be submitted to confidential arbitration in ROUND ROCK, TEXAS, except that, to the extent you have in any manner violated or threatened to violate PLAYMAGINE, LLC’s intellectual property rights, PLAYMAGINE, LLC may seek injunctive or other appropriate relief in any state or federal court in the State of TEXAS, and you consent to exclusive jurisdiction and venue in such courts.
B. Finality of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
16. SITE POLICIES, MODIFICATION, AND SEVERABILITY
A. Other Policies. Please review our other policies, such as our pricing and return policy, posted on our site. These policies also govern your visit to MAKEMISTAKES.CLUB. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
3365 Pablo Circle]
Round Rock, TX, 78665